Opinion
No. 07-10521.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 29, 2008.
Darren W.K. Ching, Esquire,-Assistant U.S., Office of the U.S. Attorney, Honolulu, HI, for Plaintiff-Appellee.
Georgia K. McMillen, Esquire, Wailuku Maui, HI, Marvin Quemado, Jr., Federal Correctional Institution, Lompoc, CA, for Defendant-Appellant.
Appeal from the United States District Court for the District of Hawaii, David A. Ezra, District Judge, Presiding. D.C. No. CR-06-00395-DAE.
Before: GOODWIN, TROTT and RYMER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Marvin Quemado, Jr. appeals from his guilty-plea conviction and 166-month sentence for conspiracy to obstruct interstate commerce by robbery, in violation of 18 U.S.C. § 1951, obstructing interstate commerce by robbery, in violation of 18 U.S.C. §§ 2 and 1951, and using, carrying and discharging a firearm in relation to the robbery, in violation of 18 U.S.C. §§ 2 and 924(c)(1)(A). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Quemado's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.